Law of Tort - Negligence Quiz

What is negligence in the context of tort law?

• D. Unintentional harm caused to the plaintiff

• C. Strict liability for accidental harm caused to the plaintiff

• B. Careless conduct leading to breach of legal duty and damage to the plaintiff

• A. Intentional conduct resulting in harm to the plaintiff

According to the case of Donoghue v Stevens 1932, what duty of care must be taken to avoid acts or omissions that could likely injure a 'neighbour'?

• D. Duty to avoid any harm to strangers

• A. Duty to avoid any harm to anyone in the vicinity

• B. Duty to avoid any harm to family members

• C. Duty to avoid any harm to anyone directly affected by the act or omission

What is the legal theory of 'res ipsa loquitur' used for in negligence cases?

• D. To determine the foreseeability of the harm caused

• C. To presume negligence based on the facts and circumstances surrounding an injury

• B. To establish the duty of care owed by the defendant

• A. To shift the burden of proof to the plaintiff

In the context of negligence, what is the 'but for' test used to determine?

• A. The foreseeability of the harm caused

• B. The extent of the damage caused

• C. Whether the defendant's act was the cause of the harm

• D. Whether the defendant's act was intentional

What is the primary requirement for establishing vicarious liability in a negligence case?

• B. The foreseeability of the harm caused by the defendant

• C. The defendant's intention to cause harm to the plaintiff

• A. The defendant's relationship of control with the plaintiff

• D. The defendant's relationship of control with the tortious actor

In the context of negligence, what type of damages are awarded for non-monetary loss or harm suffered by the plaintiff?

• B. Special damages

• C. General damages

• D. Compensatory damages

• A. Punitive damages

What is the 'reasonable man test' used for in the context of negligence?

• A. To determine the defendant's level of care in comparison to a hypothetical person

• B. To establish the foreseeability of the harm caused by the defendant

• C. To determine the extent of the damage caused by the defendant

• D. To establish the defendant's intention to cause harm

What is the 'proximate cause' used to determine in a negligence case?

• A. Whether the defendant's act was the cause of the harm

• B. Whether the defendant's act was intentional

• D. Whether the defendant's act was foreseeable

• C. Whether the defendant's carelessness was close in time and space to the damage

In the context of negligence, what is the 'novus actus interveniens' used to determine?

• D. Whether the defendant's act was foreseeable

• A. Whether the defendant's act was the cause of the harm

• B. Whether the defendant's act was intentional

• C. Whether a new act breaks the causal connection between the defendant's conduct and subsequent happenings

What is the primary situation in which vicarious liability arises in the context of negligence?

• A. When someone is acting on behalf of an employer

• D. When someone is acting on behalf of a stranger

• B. When someone is acting on behalf of a family member

• C. When someone is acting on behalf of a friend